BILL NUMBER: AB 2749	CHAPTERED  09/30/00

	CHAPTER   973
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	PASSED THE SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JUNE 8, 2000
	AMENDED IN ASSEMBLY   APRIL 12, 2000

INTRODUCED BY   Assembly Member Pescetti
   (Coauthor:  Assembly Member Granlund)

                        FEBRUARY 25, 2000

   An act to amend Sections 7235 and 7236 of the Revenue and Taxation
Code, and to amend Section 9400 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2749, Pescetti.  Cargo Theft Interdiction Program Fees.
   (1) The Motor Carriers of Property Permit Fee Act authorizes the
collection of, among other things, a Cargo Theft Interdiction Program
Fee from all motor carriers of property, as defined.  The fee is
collected on a graduated scale based on fleet size.  The fee is
deposited as a credit in the Motor Carriers Permit Fund that was
created by the act.  The Cargo Theft Interdiction Program Fees are
transferred to the Motor Carriers Safety Improvement Fund.  These
funds are available for appropriation by the Legislature to cover the
costs to the Department of the California Highway Patrol to deter
commercial motor vehicle cargo thefts and provide for security of
highway carriers and cargoes.
   This bill would remove the Cargo Theft Interdiction Program Fee
from collection under the Motor Carriers of Property Permit Fee Act,
and would impose the fee as a flat fee of $3, as specified, on each
motor vehicle required to pay a weight fee as part of vehicle
registration with prescribed exemptions.  The theft interdiction fee
would be transferred directly to the Motor Carriers Safety
Improvement Fund.
   (2) This bill would incorporate additional changes in Section 9400
of the Vehicle Code proposed by SB 2084, to be operative only if
this bill and SB 2084 are enacted and become effective on or before
January 1, 2001, each bill amends Section 9400 of the Vehicle Code,
and this bill is enacted last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7235 of the Revenue and Taxation Code is
amended to read:
   7235.  The Safety Fee imposed by this chapter shall be paid by all
motor carriers of property, as defined in Section 34601 of the
Vehicle Code.
  SEC. 2.  Section 7236 of the Revenue and Taxation Code is amended
to read:
   7236.  (a) All funds collected by the Department of Motor Vehicles
pursuant to Section 7232 shall be deposited in the State Treasury to
the credit of the Motor Carriers Permit Fund, which is hereby
created.  The following fees shall be paid to the department:
   (1) For-hire motor carriers of property shall pay, according to
the following schedule, fees indicated as safety fee and uniform
business license tax fee, based on the size of their motor vehicle
fleet.
   (2) Private carriers of property with a fleet size of 10 or less
motor vehicles shall pay a fee of thirty-five dollars ($35).  Private
carriers of property with a fleet size of 11 or more motor vehicles
shall pay, according to the following schedule, fees indicated as
safety fee, based on the size of their motor vehicle fleet.  Any
carrier that does not pay a uniform business license tax fee shall
not operate as a for-hire motor carrier.
   (3) A seasonal permit may be issued to a motor carrier of property
upon payment of fees indicated as safety fee and one-twelfth of the
fee indicated as uniform business license tax fee, rounded to the
next dollar, for each month the permit is valid.  The original
seasonal permit shall be valid for a period of not less than six
months, and may be renewed upon payment of a five dollar ($5) fee,
and one-twelfth of the fee indicated as a uniform business license
tax fee for each additional month of operation.


                                                Uniform
Fleet Size-Commercial                           Business
Motor Vehicles Fee     Safety Fee             License Tax
          1                 $60                     $60
         2-4                $75                    $125
         5-10              $200                    $275
        11-20              $240                    $470
        21-35              $325                    $650
        36-50              $430                    $880
        51-100             $535                   $1,075
       101-200             $635                   $1,300
       201-500              $73                   $1,510
       501-1000            $830                   $1,715
      1001-2,000           $930                   $1,900
     2,001-over          $1,030                   $2,000

   Notwithstanding the above fee schedule, motor carriers of property
with 10 or fewer trucks shall not pay fees higher than they would
have paid under the fee structure in place as of January 1, 1996.
Notwithstanding Section 34606 of the Vehicle Code, fees for these
carriers shall not be subject to increase by the Department of Motor
Vehicles.
   (b) The Department of Motor Vehicles shall transfer funds
deposited in the Motor Carriers Permit Fund as follows:
   (1) Funds derived from Uniform Business License Tax Fees shall be
transferred to the General Fund.
   (2) Funds derived from Safety Fees shall remain in the Motor
Carriers Permit Fund and shall be available for appropriation by the
Legislature to cover costs incurred by the Department of Motor
Vehicles and the Department of the California Highway Patrol in
regulating motor carriers of property pursuant to Division 14.85
(commencing with Section 34600) of the Vehicle Code.
   (c) It is the intent of the Legislature that the fee schedule
established in subdivision (a) shall not discriminate against small
fleet or individual vehicle operators or result in a disproportionate
share of those fees being assigned to small fleet or individual
vehicle operators.
  SEC. 3.  Section 9400 of the Vehicle Code is amended to read:
   9400.  In addition to any other registration fee, there shall be
paid the fees set forth in this section for the registration of
commercial vehicles. Whenever a camper is temporarily attached to a
motor vehicle designed to transport property, the motor vehicle shall
be subject to the fees imposed by this section. The camper shall be
deemed to be a load, and fees imposed by this section upon the motor
vehicle shall be based upon the unladen weight of the motor vehicle,
exclusive of the camper.
   (a) For any electric vehicle designed, used, or maintained as
described in this section, fees shall be paid for registration
according to the following schedule:


     Unladen Weight                                          Fee
      Less than 6,000 lbs.  ............................... $ 87
      6,000 lbs.  or more but less than 10,000 lbs.  ......  266
     10,000 lbs.  or more .................................  358

   (b) For any motor vehicle having not more than two axles and
designed, used, or maintained as described in this section, other
than an electric vehicle, fees shall be paid for registration
according to the following schedule:


     Unladen Weight                                           Fee
      Less than 3,000 lbs.  ...............................  $  8
      3,000 lbs.  to and including  4,000 lbs.  ...........    24
      4,001 lbs.  to and including  5,000 lbs.  ...........    80
      5,001 lbs.  to and including  6,000 lbs.  ...........   154
      6,001 lbs.  to and including  7,000 lbs.  ...........   204
      7,001 lbs.  to and including  8,000 lbs.  ...........   257
      8,001 lbs.  to and including  9,000 lbs.  ...........   308
      9,001 lbs.  to and including 10,000 lbs.  ...........   360
     10,001 lbs.  to and including 11,000 lbs.  ...........   409
     11,001 lbs.  to and including 12,000 lbs.  ...........   462
     12,001 lbs.  to and including 13,000 lbs.  ...........   513
     13,001 lbs.  to and including 14,000 lbs.  ...........   563
     14,001 lbs.  and over ................................   616

   (c) For any motor vehicle having three or more axles, or for any
trailer, semitrailer, pole or pipe dolly, logging dolly, or other
dolly designed, used, or maintained as described in this section,
other than an electric vehicle, fees shall be paid for registration
according to the following schedule:


     Unladen Weight                                        Fee
      2,000 lbs.  to and including  3,000 lbs.  ........ $   43
      3,001 lbs.  to and including  4,000 lbs.  ........     77
      4,001 lbs.  to and including  5,000 lbs.  ........    154
      5,001 lbs.  to and including  6,000 lbs.  ........    231
      6,001 lbs.  to and including  7,000 lbs.  ........    308
      7,001 lbs.  to and including  8,000 lbs.  ........    385
      8,001 lbs.  to and including  9,000 lbs.  ........    462
      9,001 lbs.  to and including 10,000 lbs.  ........    539
     10,001 lbs.  to and including 11,000 lbs.  ........    616
     11,001 lbs.  to and including 12,000 lbs.  ........    693
     12,001 lbs.  to and including 13,000 lbs.  ........    770
     13,001 lbs.  to and including 14,000 lbs.  ........    847
     14,001 lbs.  to and including 15,000 lbs.  ........    924
     15,001 lbs.  and over .............................  1,016

   (d) This section shall not be applicable to any vehicle that is
operated or moved over the highway exclusively for the purpose of
historical exhibition or other similar noncommercial purpose.
   (e) (1) Except as provided in paragraph (2), in addition to the
fees set forth in subdivisions (b) and (c), a Cargo Theft
Interdiction Program Fee of three dollars ($3) shall be paid at the
time of initial or original registration or renewal of registration
of each motor vehicle subject to weight fees under this section.
   (2) This subdivision does not apply to vehicles used or maintained
for the transportation of persons for hire, compensation or profit,
pickup trucks, utility trailers, and tow trucks.
   (3) For vehicles registered under Article 4 (commencing with
Section 8050) of Chapter 4, the fee imposed under this subdivision
shall be apportioned as required for registration fees under that
article.
   (4) Funds collected pursuant to the Cargo Theft Interdiction
Program shall be transferred to the Motor Carriers Safety Improvement
Fund.
   (f) The fee changes effected by this section apply to (1) initial
or original registration on or after January 1, 1995, of any
commercial vehicle never before registered in this state and (2) to
renewal of registration of any commercial vehicle whose registration
expires on or after January 1, 1995.
   (g) This section shall become operative on July 1, 1994.
  SEC. 3.5.  Section 9400 of the Vehicle Code is amended to read:
   9400.  Except as provided in Section 9400.1, and in addition to
any other registration fee, there shall be paid the fees set forth in
this section for the registration of any commercial motor vehicle
singly, or in combination, that operates with a declared gross weight
of 10,000 pounds or less. Weight fees for pickup trucks are
calculated under this section.  Whenever a camper is temporarily
attached to a motor vehicle designed to transport property, the motor
vehicle shall be subject to the fees imposed by this section. The
camper shall be deemed to be a load, and fees imposed by this section
upon the motor vehicle shall be based upon the unladen weight of the
motor vehicle, exclusive of the camper.
   (a) For any electric vehicle designed, used, or maintained as
described in this section, fees shall be paid according to the
following schedule:


     Unladen Weight                                          Fee
      Less than 6,000 lbs.  ..............................  $ 87
      6,000 lbs.  or more but less than 10,000 lbs.  ......  266
     10,000 lbs.  or more ................................   358

   (b) For any motor vehicle having not more than two axles and
designed, used, or maintained as described in this section, other
than an electric vehicle, fees shall be paid according to the
following schedule:


     Unladen Weight                                           Fee
      Less than 3,000 lbs.  .............................    $  8
      3,000 lbs. to and including  4,000 lbs.  ..........      24
      4,001 lbs. to and including  5,000 lbs.  ..........      80
      5,001 lbs. to and including  6,000 lbs.  ..........     154
      6,001 lbs. to and including  7,000 lbs.  ..........     204
      7,001 lbs. to and including  8,000 lbs.  ..........     257
      8,001 lbs. to and including  9,000 lbs.  ..........     308
      9,001 lbs. to and including 10,000 lbs.  ..........     360

   (c) For any motor vehicle having three or more axles designed,
used, or maintained as described in this section, other than an
electric vehicle, fees shall be paid for registration according to
the following schedule:


     Unladen Weight                                         Fee
      2,000 lbs. to and including  3,000 lbs.  ........    $ 43
      3,001 lbs. to and including  4,000 lbs.  ........      77
      4,001 lbs. to and including  5,000 lbs.  ........     154
      5,001 lbs. to and including  6,000 lbs.  ........     231
      6,001 lbs. to and including  7,000 lbs.  ........     308
      7,001 lbs. to and including  8,000 lbs.  ........     385
      8,001 lbs. to and including  9,000 lbs.  ........     462
      9,001 lbs. to and including 10,000 lbs.  ........     539

   (d) This section is not applicable to any vehicle that is operated
or moved over the highway exclusively for the purpose of historical
exhibition or other similar noncommercial purpose.
   (e) (1) Except as provided in paragraph (2), in addition to the
fees set forth in subdivisions (b) and (c), a Cargo Theft
Interdiction Program Fee of three dollars ($3) shall be paid at the
time of initial or original registration or renewal of registration
of each motor vehicle subject to weight fees under this section.
   (2) This subdivision does not apply to vehicles used or maintained
for the transportation of persons for hire, compensation or profit,
pickup trucks, utility trailers, and tow trucks.
   (3) For vehicles registered under Article 4 (commencing with
Section 8050) of Chapter 4, the fee imposed under this subdivision
shall be apportioned as required for registration fees under that
article.
   (4) Funds collected pursuant to the Cargo Theft Interdiction
Program shall be transferred to the Motor Carriers Safety Improvement
Fund.
   (f) The fee changes effected by this section apply to (1) initial
or original registration on or after January 1, 1995, and prior to
December 31, 2001, of any commercial vehicle never before registered
in this state and (2) to renewal of registration of any commercial
vehicle whose registration expires on or after January 1, 1995, and
prior to December 31, 2001.
   (g) Commercial vehicles, other than those specified in Section
9400.1, with an initial registration or renewal of registration that
is due on or after December 31, 2001, are subject to the payment of
fees specified in this section.
  SEC. 4.  Section 3.5 of this bill incorporates amendments to
Section 9400 of the Vehicle Code proposed by both this bill and SB
2084. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 9400 of the Vehicle Code, and (3) this bill is enacted
after SB 2084, in which case Section 9400 of the Vehicle Code as
amended by SB 2084, shall remain operative only until the operative
date of this bill, at which time Section 3.5 of this bill shall
become operative, and Section 3 of this bill shall not become
operative.
